Supreme Court of the United States · Official docket →
Oklahoma v. Victor Manuel Castro-Huerta
Paid petition · Court of Criminal Appeals of Oklahoma, No. F-2017-1203 · judgment April 29, 2021
Decided · June 29, 2022
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a dissent in the court below (flagged in the petition).
Questions presented
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Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
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Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. THE CASE WILL BE SET FOR ARGUMENT IN THE APRIL 2022 ARGUMENT SESSION.
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Zachary Charles Schauf
Jenner & Block, LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
7 cert-stage · 15 merits
(6 supporting pet./neither, 9 respondent)
Argument & decision
Argued April 27, 2022 — Kannon K. Shanmugam · Zachary C. Schauf. Audio and transcript
Decided June 29, 2022. Opinion by Kavanaugh.
Proceedings
- Aug 17 2022Record returned to Court of Criminal Appeals of Oklahoma (2 boxes).
- Aug 01 2022JUDGMENT ISSUED
- Aug 01 2022MANDATE ISSUED
- Jun 29 2022Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
- Apr 29 2022Letter of the Solicitor General correcting statements made during oral argument filed. (Distributed)
- Apr 27 2022Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Zachary C. Schauf, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Apr 15 2022Reply of petitioner Oklahoma filed. (Distributed)
- Apr 14 2022Motion of City of Tulsa, Oklahoma for leave to file an appendix to an amicus curiae brief under seal GRANTED.
- Apr 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Apr 04 2022Brief amicus curiae of United States filed. (Distributed)
- Apr 04 2022Brief amici curiae of Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee (Creek) Nation, and Seminole Nation of Oklahoma filed. (Distributed)
- Apr 04 2022Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
- Apr 04 2022Brief amici curiae of Former United States Attorneys Michael Cotter, et al. filed. (Distributed)
- Apr 04 2022Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. (Distributed)
- Apr 04 2022Brief amici curiae of The Navajo Nation, et al. filed. (Distributed)
- Apr 04 2022Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
- Apr 04 2022Brief amicus curiae of United Keetoowah Band of Cherokee Indians in Oklahoma filed. (Distributed)
- Apr 04 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Apr 01 2022Brief amicus curiae of National Congress of American Indians filed. (Distributed)
- Mar 28 2022Record received from the U.S. District Court for Tulsa County. (1 Box)
- Mar 28 2022Brief of respondent Victor Manuel Castro-Huerta filed. (Distributed)
- Mar 23 2022CIRCULATED
- Mar 22 2022Record received from the Court of Criminal Appeals of Oklahoma. (1 Box)
- Mar 16 2022Record requested from the Court of Criminal Appeals of Oklahoma, and also from the Tulsa County District Court.
- Mar 15 2022ARGUMENT SET FOR Wednesday, April 27, 2022.
- Mar 07 2022Brief amici curiae of The Oklahoma District Attorneys Association, et al. filed.
- Mar 07 2022Brief amici curiae of Texas, et al. filed.
- Mar 07 2022Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
- Mar 07 2022Brief amicus curiae of Oklahoma Association of Chiefs of Police filed.
- Mar 07 2022Brief amicus curiae of Citizens for Equal Rights Foundation filed.
- Mar 07 2022Brief amicus curiae of City of Tulsa, Oklahoma filed.
- Mar 07 2022Motion for leave to file appendix to amicus curiae brief under seal filed by City of Tulsa, Oklahoma.
- Feb 28 2022Brief of petitioner Oklahoma filed.
- Feb 22 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Feb 10 2022Blanket Consent filed by Respondent, Victor Manuel Castro-Huerta
- Feb 09 2022Motion to dispense with printing the joint appendix filed by petitioner Oklahoma.
- Feb 09 2022Blanket Consent filed by Petitioner, Oklahoma
- Jan 21 2022Petition GRANTED limited to Question 1 presented by the petition. The case will be set for argument in the April 2022 argument session. Petitioner's brief on the merits is to be filed on or before Monday, February 28, 2022. Respondent's brief on the merits is to be filed on or before Monday, March 28, 2022. The reply brief is to be filed in accordance with Rule 25.3.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 08 2021Reply of petitioner Oklahoma filed. (Distributed)
- Nov 29 2021Application (21A168) denied by Justice Gorsuch.
- Nov 22 2021Response of Victor Manuel Castro-Huerta to application filed.
- Nov 19 2021Application (21A168) to file reply brief in excess of word limits, submitted to Justice Gorsuch.
- Nov 18 2021Brief amici curiae of Chickasaw Nation and Choctaw Nation of Oklahoma filed.
- Nov 16 2021Brief amicus curiae of Muscogee (Creek) Nation filed.
- Nov 15 2021Brief of respondent Victor Manuel Castro-Huerta in opposition filed.
- Oct 29 2021Brief amicus curiae of Cherokee Nation filed.
- Oct 21 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
- Oct 21 2021Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al filed.
- Oct 21 2021Brief amici curiae of Cities of Tulsa and Owasso, Oklahoma filed.
- Oct 21 2021Brief amici curiae of Texas, et al.
- Oct 21 2021Brief amici curiae of the Oklahoma District Attorneys Association, et al. filed.
- Oct 20 2021Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
- Sep 22 2021Blanket Consent filed by Petitioner, State of Oklahoma
- Sep 17 2021Petition for a writ of certiorari filed. (Response due October 21, 2021)